Custer chronicle. [volume] (Custer City, Black Hills, D.T. [S.D.]) 1880-1890, 1887-05-28
RAILWAY
Chairman Cooley Presents New and I'm
portant Points.

WAsHINGToN, May 1S.-Chairman Cooley,
letter to J. A. Hanley, traffic manager OF the
Minnesota and Northwestern railway, who
had asked for a suspension of the long and
short haul clause in application to certain
points on his line, presents new and impor-
tant points as to the duties and powers Of
the commission under the law, as follows:
IL is obvious that the cases the law con-
templates In which the commission is author
lied TO make orders for suspension are ex.
ceptional cases. 1t does not state the
grounds that shall warrant relief, but 1t plain
ly intends that these grounds In every case
shall be special and peculiar. That where
only general reasons operate, the general
law shall DC lett 10 It's Ordinary course,
however, serious may be the consequence
in particular cases and to particular roads
and interests. 1t Is also made plain by the
act that any order for suspension was intended
TO be based upon investigation, which shoDld
satisfy the commission the case was in fact
exceptional and fairly with the intent of the
provisions made for relief. The jurisdiction
OF the commission 10 make orders was evil
IDENTIFY meant to be somewhat closely restrict.
ed. 1t must be assumed congress intended
the general law in its main features, at least,
TO be a permanent law for the country. 1t
must therefore have contemplated that con.
siderable sacrifice would have to be submitted
to by some parties and some interests, while
the general law was being established, for the
very obvious reason that 1t would be quite
impossible to introduce considerable changes
in the branch Of law which
concerns so intimately the
of the country without serious consequences
to some private interests. If the law IN It's
general operation were 70 prove generally and
equally mischicvous In all directions, the
commission, instead Of having greater power,
for that reason would GA the other hand have
no power OF suspension whatever, for the sim.
pie, plain reason that there would then DC no
exceptional cases for 1t to act upon, therefore
no cases referred by the act to its judgment
The commission must consider in each case
what the effect OF giving relief to one appli.
cant will have upon other Interests, and your
knowledge of railroad matters must enable
you 10 perceive that In sone sections Of
country the granting of one application
may SO affect the interests of other
roads as to create a necessity for like
relief to several mere, the satisfac-
ton OF one claim be, getting Others equally
meriterous until, II all are satisfied, the eX-
ception becomes a rule. But when such a
result is probable the reasons for declining to
make any temporary order Is very conclusive.
The commission cannot consent to deliber.
ately enter upon a highway where, to all APP
pearances, there be no hating place within
the limits OF its lawful jurisdiction. If "A
general suspension OF the ''long and short
haul clause Of the statute is not to be made
10y a single comprehensive order, neither
should the same result be reached or ap-
preached by granting successive orders In In
oividua cases. In these views the whole
commission concur. Very respectfully yours,
I, NJ. COOLEY, Chairman.